Draft Regulations laid before Parliament under paragraph 13(1) of Schedule 8 to the European Union (Withdrawal) Act 2018, for approval by resolution of each House of Parliament.

D R A F T S T A T U T O R Y I N S T R U M E N T S

2021 No. XXXX

MERCHANT SHIPPING

The Merchant Shipping (Inspections of Ro-Ro Passenger Ships

and High-Speed Passenger Craft) Regulations 2021

Made - - - - ***

Coming into force - - ***

The Secretary of State makes these Regulations in exercise of the powers conferred by sections

85(1), (3), (5), (6) and (7), 86(1)(a) to (d), 302(1) and 306A of the Merchant Shipping Act

1995(a), and with the consent of the Treasury.

In accordance with section 86(4) of the Merchant Shipping Act 1995 the Secretary of State has

consulted the persons referred to in that section.

In accordance with paragraph 13(1) of Schedule 8 to the European Union (Withdrawal) Act

2018(b), a draft of this instrument has been laid before Parliament and approved by a resolution of

each House of Parliament.

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Merchant Shipping (Inspections of Ro-Ro

Passenger Ships and High-Speed Passenger Craft) Regulations 2021, and come into force on

XXXX.

(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Interpretation

2.—(1) In these Regulations—

“the Act” means the Merchant Shipping Act 1995;

“annual flag State survey” means a survey carried out in accordance with the HSSC;

“company” means the organisation or person who has agreed to take over all the duties and

responsibilities imposed by the International Management Code for Safe Operation of Ships

(a) 1995 c. 21. Section 85 and 86 were amended by the Merchant Shipping and Maritime Security Act 1997 (c. 28), sections 8

and 29(2) and Schedule 7. Section 85 was amended by the British Overseas Territories Act 2002 (c. 8), section 2(3). Section

306A was inserted by the Deregulation Act 2015 (c. 20). There are other amendments but none is relevant. (b) 2018 c.16. Paragraph 13 of Schedule 8 was amended by the European Union (Withdrawal Agreement) Act 2020 (c. 1) and

the European Union (Future Relationship) Act 2020 (c. 29).

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and for Pollution Prevention (the ISM Code)(a) or, in cases where Chapter 9 of SOLAS does

not apply, the owner of the ro-ro passenger ship or the high-speed passenger craft or any other

organisation or person such as the manager, or the bareboat charterer, who has assumed the

responsibility for operation of the ro-ro passenger ship or the high-speed passenger craft from

its owner;

“flag State”, in relation to a ship, means the State whose flag the ship is entitled to fly;

“high-speed passenger craft” means a craft as defined in Regulation 1 of Chapter X of

SOLAS, and carrying more than 12 passengers;

“HSSC” means the International Maritime Organization Survey Guidelines under the

Harmonized System of Survey and Certification(b);

“inspector” means a person duly authorised by the Secretary of State to carry out inspections

required by these Regulations;

“international conventions” means—

(a) the International Convention on Load Lines 1966(c);

(b) SOLAS;

(c) STCW;

(d) the Convention on the International Regulations for Preventing Collisions at Sea,

1972(d), and

(e) the International Convention on Tonnage Measurement of Ships, 1969(e).

together with the protocols and amendments to these Conventions and related Codes of

mandatory status;

“The Paris MOU” means the Memorandum of Understanding on Port State Control, signed in

Paris on 26 January 1982(f);

“port state control inspection” means an inspection under the system for the enforcement of

international standards, as provided for by the Merchant Shipping (Port State Control)

Regulations 2011(g), and references to a “port state control inspector” and a “port state control

(a) International Management Code for the Safe Operation of Ships and for Pollution Prevention (the ISM Code) MSIS 02

revised 06-2020. The Code was adopted by the International Maritime Organization Resolution A.741(18) and may be

obtained in copy from the International Maritime Organization of 4 Albert Embankment, London SE1 7SR, and on https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/898007/MSIS02_RO6.20.

pdf. (b) The guidelines were adopted on 2 December 2015 by Resolution A.29/Res.1104. The guidelines may be obtained in copy

from the International Maritime Organization of 4 Albert Embankment, London SE1 7SR and on http://www.imo.org/en/OurWork/MSAS/Documents/A%2029-J-60%20-%20RES.1104%20(E).pdf.

(c) Cmnd. 3708. The Convention was modified by the Protocol of 1988 and amended by IMO Resolutions A.972(24), A.1082(28) and A.1083(28). The Protocol was amended by IMO Resolutions MSC.143(77), MSC.172(79), MSC.223(82),

MSC.270(85), MSC.329(90), MSC.345(91), MSC.356(92) and MSC.375(93). The Convention may be obtained in copy from the International Maritime Organization of 4 Albert Embankment, London SE1 7SR or found on the Foreign and

Commonwealth Office treaties database (https://treaties.fco.gov.uk/awweb/pdfopener?md=1&did=66633). The text of IMO Resolutions A.972(24), A.1082(28) and A.1083(28) may also be obtained from the International Maritime Organization at

the same address, or in Marine Information Note 560(M) issued by the Maritime Coastguard Agency (MCA) and which is available in copy from the MCA of Spring Place, 105 Commercial Road, Southampton SO15 1EG or on

https://wwww.gov.uk. The Protocol of 1988 (Cmnd. 4829) may be obtained in copy from the International Maritime Organization at the same address, or found on the Foreign and Commonwealth Office treaties database

(http://treaties.fco.gov.uk/docs /pdg/2000/TS0100.pdf). The text of the amendments to the Protocol may be obtained from the International Maritime Organization of the same address or in Marine Information Note 560(M) issued by the MCA and

available in copy from Spring Place, 105 Commercial Road, Southampton SO15 1EG or on https://www.gov.uk. Amendments will also be made available on the Foreign and Commonwealth Office treaties database

(http://treaties.fco.gov.uk/treaties/treaty.htm). (d) Cmnd. 6962. The Convention was amended in 1981 and 1988. The Convention may be obtained in copy from the

International Maritime Organization of 4 Albert Embankment, London SE1 7SR or found on the Foreign and Commonwealth Office treaties database (https://treaties.fco.gov.uk/awweb/pdfopener?md=1&did=67638).

(e) Cmnd. 4332. The Convention may be obtained in copy from the International Maritime Organization of 4 Albert Embankment, London SE1 7SR or found on the Foreign and Commonwealth Office treaties database

(http://foto.archivalware.co.uk/data/Library2/pdf/1982-TS0050.pdf). (f) The 43rd Amendment to the Paris MOU was adopted on 2 October 2020. The Paris MOU may be obtained in copy from the

Secretariat Paris MOU on PSC, P.O. Box 16191, 2500 BC The Hague, The Netherlands, or found on https://www.parismou.org/inspections-risk/port-state-control-inspections-paris-mou.

(g) S.I. 2011/2601, amended by S.I. 2018/1122 and S.I. 2020/496.

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officer” are to inspectors duly authorised by the Secretary of State to carry out inspections

required by those Regulations;

“prohibition of departure notice” means a notice issued in accordance with regulation 8;

“recognised organisation” means any organisation which continues to be recognised under

Regulation (EC) No. 391/2009(a);

“regular service” means a series of ro-ro passenger ship or high-speed passenger craft

crossings operated so as to serve traffic between the same two or more ports, or a series of

voyages from and to the same port without intermediate calls, either—

(a) according to a published timetable; or

(b) with crossings so regular or frequent that they constitute a recognisable systematic series;

“relevant statutory requirement” means a requirement in a provision in a statutory instrument

which implements an international convention and which is made under the Act (including

statutory instruments made under an order made under the Act) or under the European

Communities Act 1972(b).

“ro-ro passenger ship” means a ship with facilities to enable road or rail vehicles to roll on and

roll off the vessel, and carrying more than 12 passengers;

“SOLAS” means the International Convention for the Safety of Life at Sea, 1974(c), and

“STCW” means the International Convention on Standards of Training, Certification and

Watchkeeping for Seafarers 1978(d).

(2) In these Regulations, a reference to each of the international conventions is to be

construed—

(a) as a reference to that international convention as it is modified from time to time;

(b) as, if an international convention is replaced, references to the replacement.

(3) For the purposes of paragraph (2), the international convention is modified or replaced if the

modification or replacement takes effect in accordance with the articles of the conventions

referred to in paragraph (4).

(4) The articles of the international conventions are—

(a) for the International Convention on Load Lines 1966, Article 29;

(b) for SOLAS, Article VIII;

(c) for the International Convention on Standards of Training, Certification and

Watchkeeping for Seafarers 1978, Article XII;

(d) for the Convention on the International Regulations Preventing Collisions at Sea 1972,

Article VI, and

(e) for the International Convention on Tonnage Measurements for Ships 1969, Article 18.

(5) In these Regulations, references to “written” or “in writing” include the provision of such

communication by electronic mail, facsimile or similar means, which is capable of producing a

(a) EUR 2009/391, amended by S.I. 2019/270.

(b) 1972 c. 68. The European Communities Act 1972 was repealed by section 1 of the European Union (Withdrawal) Act 2018 (c. 16).

(c) Cmnd 7874. The Convention may be obtained in copy from the International Maritime Organization of 4 Albert Embankment, London SE1 7SR or found on the Foreign and Commonwealth Office treaties database

(https://treaties.fco.gov.uk/awweb/pdfopener?md=1&did=79786). The Convention was modified by its Protocol of 1978 (Cmnd. 8277), which was replaced and abrogated by the Protocol of 1988 (Cm. 5044) with respect to the parties to the 1988

Protocol. The amendments to the Convention are available from the International Maritime Organization of 4 Albert Embankment, London SE1 7SR or found on the Foreign and Commonwealth Office treaties database

(https://treaties.fco.gov.uk/awweb/pdfopener?md=1&did=68013). Hard copies of the Command Papers are available for inspection free of charge but by appointment at the Parliamentary Archives, Houses of Parliament, London SW1A 0PW.

The Parliamentary Archives catalogue numbers for the Command Papers are HL/PO/JO/10/11/2301/2878 (Cmnd. 7874), HL/PO/JO/10/11/2302 (Cmnd. 8277) and /PO/JO/10/11/3156/2280 (Cm. 5044).

(d) The Convention was amended in 1991, 1994, 1995, 1997, 1998, 2004 (on two occasions), 2006 and 2010. The Convention may be obtained from the International Maritime Organization of 4 Albert Embankment, London SE1 7SR or found on the

the IMO website: (https://treaties.un.org/doc/Publication/UNTS/Volume%201361/volume-1361-I-23001-English.pdf).

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document containing the text of any communication and in a form sufficiently permanent to be

used for subsequent reference.

Application

3.—(1) These Regulations apply to ro-ro passenger ships and high-speed passenger craft which

are United Kingdom ships, wherever they may be, or non-United Kingdom ships while they are

within United Kingdom waters, and which are operating—

(a) on a regular service between a port in the United Kingdom and a port of a country other

than a Member State of the European Union, or

(b) on a regular service between ports in the United Kingdom in sea areas in which ships of

Class A may operate in accordance with the Merchant Shipping (Passenger Ships on

Domestic Voyages) Regulations 2000(a).

(2) For the purposes of this regulation, “non-United Kingdom ship” means any ship other than a

United Kingdom ship.

Professional profile of inspectors

4.—(1) Subject to paragraph (2), inspections under these Regulations must not be carried out by

persons who do not fulfil the minimum qualification criteria specified in Schedule 1.

(2) Where an inspector with the required professional expertise cannot be provided by the

Secretary of State, the inspector may be assisted by any person with the required professional

expertise.

Pre-commencement inspections

5.—(1) Before a ship starts to operate on a regular service the Secretary of State must carry out a

pre-commencement inspection of the ship consisting of—

(a) verification of compliance with the requirements laid down in Part 1 of Schedule 2, and

(b) an inspection in accordance with the requirements of Part 2 of Schedule 2, to satisfy the

inspector that the ship fulfils the necessary requirements for safe operation of a regular

service.

(2) If a company is operating or intending to operate a ship that is eligible for a pre-

commencement inspection, the company or the master of the ship, must notify the Secretary of

State of the information specified in paragraph (3) in accordance with paragraph (4).

(3) The information referred to in paragraph (2) is—

(a) the name, the call sign, the IMO identification number or the maritime mobile service

identity number of the ship, and

(b) the route of the proposed regular service, including the ports at which the service will

start and finish.

(4) The information must be notified in writing to the Secretary of State at least two months

before the day of the proposed commencement of the regular service.

(5) When requested by the Secretary of State each company operating or intending to operate a

ship must provide evidence of compliance with the requirements of Part 1 of Schedule 2 during

the period commencing one month prior to the scheduled date and ending on the day before the

date of the pre-commencement inspection.

(a) S.I. 2000/2687, amended by S.I. 2004/2883, S.I. 2018/53 by S.I. 2018/1221 and S.I. 2020/1222. There are other

amendments but none is relevant.

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Exceptions to the requirement to carry out a pre-commencement inspection

6.—(1) When a ship is to be engaged on a regular service, the Secretary of State may decide not

to carry out a pre-commencement inspection in accordance with regulation 5 where—

(a) the ship was previously engaged on another regular service covered by these Regulations,

and

(b) the inspector is satisfied with the previous inspections and surveys carried out in respect

of that ship, and that they are relevant to the ship’s new operational conditions.

(2) At the request of a company, the inspector may confirm in advance that the previous

inspections and surveys referred to in paragraph (1)(b) are relevant to the new operational

conditions.

(3) Where due to unforeseen circumstances there is an urgent need for a replacement ship to be

introduced rapidly to ensure continuity of service and paragraph (1) does not apply, the Secretary

of State may allow the ship to start operating provided that—

(a) a visual inspection and document check raises no concerns that the ship does not fulfil the

requirements for safe operation, and

(b) the pre-commencement inspection of the ship is completed in accordance with regulation

5 within one month of it starting operations.

(4) The Secretary of State may decide not to apply certain of the requirements or procedures set

out in regulation 5(1)(a) and (b) where—

(a) they are relevant to any annual flag State survey or inspection carried out in respect of

that ship within the period of six months prior to the pre-commencement inspection, and

(b) the relevant procedures and guidelines for surveys specified in HSSC or procedures

designed to achieve the same goal have been followed.

Regular inspections

7.—(1) The Secretary of State must in relation to each ship ensure that the following inspections

are carried out once in every 12 month period—

(a) an inspection in accordance with the requirements of Part 2 of Schedule 2, and

(b) an inspection during a regular service, which must cover—

(i) the items listed in Schedule 3, and

(ii) what, in the professional judgement of the inspector, constitutes a sufficient number

of the items listed in Schedule 2 to ensure that the ship continues to fulfil all the

necessary requirements for safe operation.

(2) A pre-commencement inspection in accordance with regulation 5 is an inspection for the

purposes of paragraph (1)(a).

(3) The Secretary of State may carry out the inspection referred to in paragraph (1)(a) at the

same time as, or in conjunction with, the annual flag State survey for that ship provided that the

relevant procedures and guidelines for surveys specified in HSSC or procedures designed to

achieve the same goal are followed.

(4) The inspection referred to in paragraph (1)(b) must take place not before four months, but

not later than eight months, after the inspection referred to in paragraph (1)(a).

(5) The Secretary of State must carry out an inspection in accordance with Part 2 of Schedule

2—

(a) each time the ship undergoes repairs, alterations and modifications of a major character,

or

(b) subject to paragraph (6), when there is a change of management of the ship or a transfer

of class of the ship.

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(6) Where the safe operation of the ship is not affected by a change of management or transfer

of class, the Secretary of State may, after taking account of inspections previously carried out for

that ship, exempt the ship from the inspection required under paragraph (5)(b).

Rectification of deficiencies, prohibition of departure and suspension of inspection

8.—(1) A company must ensure that any deficiencies which are confirmed or revealed by an

inspection are or will be rectified.

(2) Without prejudice to any other relevant statutory requirement, where an inspector has

grounds for believing that deficiencies confirmed or revealed by an inspection are clearly

hazardous to health and safety or pose an immediate danger to health or life, or to the safety of the

ship, its crew and passengers, that ship is liable to be detained until the inspector is satisfied that—

(a) the hazard has been removed, and

(b) the ship can, subject to any necessary conditions, proceed to sea or resume operation

without risk to the health and safety of the passengers or crew, or risk to the ship or to

other ships.

(3) Section 284 of the Act (enforcing detention of a ship) applies where a ship is liable to be

detained under this regulation as if—

(a) references to the owner of the ship were to the company;

(b) references to detention of a ship under the Act were references to the detention of a ship

in question under this regulation;

(c) references to a notice of detention were references to a prohibition of departure notice

served pursuant to paragraph (4) of this regulation;

(d) references to a direction given under subsection (1A)(a) were references to a direction

given under paragraph (5) of this regulation, and

(e) subsection (7) were omitted.

(4) Where a ship is liable to be detained under the preceding provisions of this regulation, the

person detaining the ship must serve a prohibition of departure notice on the master of the ship

which—

(a) specifies the deficiencies in relation to which the notice has been served;

(b) requires that the ship must not be operated on a regular service unless the deficiencies so

specified have been remedied and the ship has been released by any person mentioned in

section 284(1) of the Act;

(c) informs the master of the ship of the right of appeal and the applicable procedures, and

(d) takes immediate effect.

(5) A notice may, in order to alleviate port congestion, include a direction allowing the ship to

be moved to another part of the port if it is safe to do so.

(6) The risk of port congestion must not be a consideration in a decision whether to impose or to

withdraw a prohibition of departure notice.

(7) Where a deficiency referred to in paragraph (2) cannot be readily rectified in the port in

which the deficiency has been confirmed or revealed, the person having powers to detain the ship

may permit it to proceed to the nearest appropriate repair yard available where the deficiency can

be readily rectified.

(8) The ship’s company must be served with a copy of the prohibition of departure notice.

(9) The person detaining the ship must not withdraw a prohibition of departure notice unless—

(a) all deficiencies have been rectified and the hazard has been removed to the satisfaction of

the inspector, and

(b) the condition in regulation 10(2) is satisfied.

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(10) In exceptional circumstances, where the overall condition of the ship is obviously

substandard, the inspector may suspend the inspection of that ship until the company has taken the

necessary steps to ensure that the ship—

(a) is no longer clearly hazardous to health or safety;

(b) no longer poses an immediate danger to the life of its crew and passengers, or

(c) complies with the relevant requirements of the applicable international conventions.

(11) Where the inspector suspends an inspection under paragraph (10), the person detaining the

ship must automatically serve a prohibition of departure notice.

(12) The prohibition of departure notice served under paragraph (11) may only be withdrawn

where—

(a) the inspection has been resumed and successfully completed, and

(b) the conditions set out in the prohibition of departure notice and regulation 10(2) are

satisfied.

(13) Subject to paragraph (14), section 96 (references of detention notices to arbitration) and

section 97 (compensation in connection with invalid detention of ship) of the Act apply in relation

to a prohibition of departure notice served under this regulation as they apply in relation to

detention notices served under section 95 (power to detain dangerously unsafe ship).

(14) For the purposes of paragraph (13)—

(a) section 96 applies as if—

(i) subsection (3) were omitted;

(ii) the words “as a dangerously unsafe ship” in subsection (5) were omitted;

(iii) subsection (11) were omitted; and

(b) sections 96 and 97 of the Act apply as if “the relevant inspector” means the person who

served the prohibition of departure notice under this regulation.

Inspection report

9. On completion of any inspection required by these Regulations, the inspector must—

(a) draw up a written report in accordance with Schedule 4, and

(b) provide the master and the company with a copy of the report.

Costs of issuing prohibition of departure notices

10.—(1) Where a prohibition of departure notice is served under regulation 8, all costs of the

Secretary of State relating to that inspection must be covered by the relevant company.

(2) The prohibition of departure notice must not be withdrawn until full payment is made or a

sufficient guarantee is given for reimbursement of the costs.

Revocation and consequential amendments

11.—(1) The Merchant Shipping (Mandatory Surveys for Ro-Ro Ferry and High Speed

Passenger Craft) Regulations 2001(a) are revoked.

(2) Schedule 5 (consequential amendments) has effect.

Review of the Regulations

12.—(1) The Secretary of State must from time to time—

(a) carry out a review of the regulatory provision contained in these Regulations; and

(a) S.I. 2001/152, amended by S.I. 2004/1266 and S.I. 2018/1221.

8

(b) publish a report setting out the conclusions of the review.

(2) The first report must be published before the end of the period of five years beginning with

the date on which these Regulations come into force.

(3) Subsequent reports must be published at intervals not exceeding 5 years.

(4) Section 30(4) of the Small Business, Enterprise and Employment Act 2015(a) requires that a

report published under this regulation must, in particular—

(a) set out the objectives intended to be achieved by the regulatory provision referred to in

paragraph (1)(a);

(b) assess the extent to which those objectives are achieved;

(c) assess whether those objectives remain appropriate, and

(d) if those objectives remain appropriate, assess the extent to which they could be achieved

in another way which involves less onerous regulatory provision.

(5) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the

Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).

Signed by authority of the Secretary of State for Transport

Name

Parliamentary Under Secretary of State

Date Department for Transport

We consent to the making of these Regulations

Name

Two of the Lords Commissioners of Her Majesty’s Treasury

Date

SCHEDULE 1 Regulation 4(1)

Minimum qualification criteria of inspectors

1.—(1) Inspectors must—

(a) have appropriate theoretical knowledge and practical experience of ships and their

operation, and

(b) be competent in the enforcement of the requirements of the international conventions and

the relevant Paris MOU procedures.

(2) The knowledge and competence required by virtue of sub-paragraph (1)(b) must be acquired

through documented training programmes.

2. Inspectors must, as a minimum, have either—

(a) appropriate qualifications from a marine or nautical institution and relevant seagoing

experience as a certified ship officer holding or having held a valid certificate of

competency issued in accordance with the provisions of the STCW Regulation II/2 or

|Regulation III/2, not limited as regards the operating area or propulsion or tonnage, or

(b) passed an examination recognised by the Secretary of State as a naval architect,

mechanical engineer or an engineer related to the maritime fields and worked in that

capacity for at least five years, or

(a) 2015 c. 26. Section 30 was amended by the Enterprise Act 2016 (c. 12) and the European Union (Withdrawal) Act 2018 (c.

16).

9

(c) a relevant university degree or equivalent and have properly trained and qualified as a

ship safety inspector.

3. The inspectors must have—

(a) completed a minimum of one year’s service as a flag State inspector either dealing with

surveys and certification in accordance with the international conventions or involved in

the monitoring of activities of recognised organisations, or

(b) gained an equivalent level of competence by following a minimum of one year’s field

training participating in port state control inspections under the guidance of experienced

port state control officers.

4. The inspectors referred to in paragraph 2(a) must have gained a maritime experience of at

least five years, including—

(a) periods of at least two years served at sea as officers in the deck or engine department

respectively, or

(b) as a flag State inspector, or

(c) as an assistant port state control inspector.

5. The inspectors must have the ability to communicate orally and in writing with seafarers.

6. The inspectors must have sufficient theoretical and practical experience in maritime security

including—

(a) a good understanding of maritime security and how it is applied to the operations being

examined;

(b) a good working knowledge of security technologies and techniques;

(c) a knowledge of inspection principles, procedures and techniques;

(d) a working knowledge of the operations being examined.

SCHEDULE 2 Regulations 5 and 7

Pre-commencement inspections and regular inspections

Part 1

Specific requirements for ships in regular service

Interpretation

1. In this Part, the reference to “Annex C of Marine Guidance Note 610 (M+F)(a)” includes a

reference to any document amending or replacing that Annex which is considered by the Secretary

of State to be relevant from time to time.

Verification of specific requirements

2. The requirements for ships in regular service required to be verified are—

(a) that the master—

(a) MGN 610 (M+F) Navigation: SOLAS Chapter V – Guidance on the Merchant Shipping (Safety of Navigation) Regulations

2020. This guidance is produced by the Maritime and Coastguard Agency and may be obtained in copy from the Maritime

and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton SO15 1EG, and on https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/904612/MGN_610_2020.

pdf.

10

(i) is provided with appropriate information on the availability of shore-based

navigational guidance systems and other information schemes to assist them in the

safe conduct of the voyages before the ro-ro passenger ship or high-speed passenger

craft begins to sail, and

(ii) makes use of the navigational guidance and information schemes referred to in

Annex C of Marine Guidance Note 610 (M+F);

(b) that the relevant provisions of paragraphs 2 to 6 of MSC/Circular 699 of 17 July 1995

‘Revised guidelines for passenger safety instructions’(a) are applied;

(c) that a table with the shipboard working arrangements is posted in an easily accessible

place, and contains—

(i) the schedule of service at sea and service in port, and

(ii) the maximum hours of work or the minimum hours of rest required for

watchkeepers;

(d) that the master is not constrained from taking any decision which, in the master’s

professional judgement, is necessary for safe navigation and operation, in particular in

severe weather and in heavy seas;

(e) that the master keeps a record of navigational activities and incidents which are of

importance to safety of navigation;

(f) that any damage to, or permanent deflection of shell doors and associated hull plating that

may affect the integrity of the ro-ro passenger ship or high-speed passenger craft, and any

deficiencies in the securing arrangements of such doors, are promptly reported to both the

flag State administration and the port state and are promptly repaired to their satisfaction;

(g) that an up-to-date voyage plan is available before the departure of the ro-ro passenger

ship or high-speed passenger craft on its voyage and that in preparing the voyage plan the

guidelines set out in IMO Assembly Resolution A.893(21) of 25 November 1999

‘Guidelines for voyage planning’(b) are taken fully into account;

(h) that general information about the services and assistance available to elderly and

disabled persons on board is made known to such passengers and is made available in

formats suitable for people with impaired sight.

Part 2

Procedures for inspections

International convention requirements

3.—(1) The inspections must ensure that the ship complies with all relevant statutory

requirements, including in particular, those relating to—

(a) construction;

(b) subdivision and stability;

(c) machinery and electrical installations;

(d) loading and stability;

(e) fire protection;

(f) maximum number of passengers;

(a) MSC/Circular.699, adopted by the Maritime Safety Committee of the International Maritime Organization on 17 July 1995.

The Circular may be obtained in copy from the International Maritime Organization of 4 Albert Embankment, London SE1 7SR and on https://www.imorules.com/MSCCIRC_699.html.

(b) The guidelines may be obtained in copy from the International Maritime Organization of 4 Albert Embankment, London SE1 7SR and on

https://wwwcdn.imo.org/localresources/en/KnowledgeCentre/IndexofIMOResolutions/AssemblyDocuments/A.893(21).pdf.

11

(g) life-saving appliances and the carriage of dangerous goods, and

(h) radiocommunications and navigation.

(2) For the purposes of sub-paragraph (1), the inspections must include—

(a) the starting of the emergency generator;

(b) an inspection of emergency lighting;

(c) an inspection of the emergency source of power for radio-installations;

(d) a test of the public-address system;

(e) a fire drill, including a demonstration of the ability to use firemen’s outfits;

(f) the operation of the emergency fire-pump with two firehoses connected to the fire main

line in operation;

(g) the testing of the remote emergency stop controls for fuel supply to boilers, main and

auxiliary engines, and for ventilation fans;

(h) the testing of remote and local controls for the closing of fire dampers;

(i) the testing of fire detection and alarm systems;

(j) the testing of proper closing of fire doors;

(k) the operation of bilge pumps;

(l) the closing of watertight bulkhead doors, both from the local and remote-control

positions;

(m) a demonstration that shows that key crew members are acquainted with the damage

control plan;

(n) the lowering of at least one rescue boat and one lifeboat to the water, starting and testing

their propulsion and steering system, and recovering them from the water into their

stowed position on board;

(o) the checking that all lifeboats and rescue boats correspond to the inventory;

(p) the testing of the ship’s or craft’s steering gear and auxiliary steering gear.

(3) The inspections must focus on the familiarisation of crew members with, and their

effectiveness in—

(a) safety procedures;

(b) emergency procedures;

(c) maintenance;

(d) working practices;

(e) passenger safety;

(f) bridge procedures, and

(g) cargo and vehicle-related operations.

(4) Seafarers’ ability to understand and, where appropriate, give orders and instructions and

report back in the common working language, as recorded in the ship’s logbook must be checked.

(5) The documented evidence that crew members have successfully followed a special training

must be checked, in particular with regard to—

(a) crowd-management training;

(b) familiarisation training;

(c) safety training for personnel providing direct safety assistance to passengers in passenger

spaces, and in particular to elderly and disabled persons in an emergency, and

(d) crisis management and human behaviour training.

(6) The inspection must include an assessment on whether rostering patterns are causing

unreasonable fatigue, particularly for watch-keeping personnel.

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(7) Certificates of competency of crew members serving on board ships falling within the scope

of these Regulations must comply with the Merchant Shipping (Standards of Training,

Certification and Watchkeeping) Regulations 2015(a).

SCHEDULE 3 Regulation 7(1)(b)

Procedures for carrying out inspections during a regular service

1. When carrying out inspections during a regular service, the following must be checked.

Passenger information

2. In relation to passenger information—

(a) that the number of passengers for which the ship is certified is not exceeded;

(b) that the registration of passenger information complies with the Merchant Shipping

(Counting and Registration of Persons on Board Passenger Ships) Regulations 1999(b);

(c) how the information on the total number of passengers is passed to the master and, if

appropriate, how passengers undertaking a double crossing without going ashore are

included in the total for the return voyage.

Loading and stability information

3. In relation to loading and stability information—

(a) that, when applicable, reliable draught gauges are fitted and are in use;

(b) that measures are taken to ensure that the ship is not overloaded and the appropriate sub-

division load line is not submerged;

(c) that the loading and stability assessment is carried out based on the type and extent of

loading;

(d) that goods vehicles and other cargo are weighed where required and the figures passed to

the ship for use in the loading and stability assessment;

(e) that damage control plans are permanently exhibited and that booklets containing damage

control information are provided for the ship’s officers.

Security for sea

4. In relation to security for sea—

(a) that the procedure to ensure that the ship is secured for sea before leaving the berth,

which should include a positive reporting procedure that all the shell watertight and

weather-tight doors are closed is followed;

(b) that all the vehicle deck doors are closed before the ship leaves the berth or remain open

long enough only to enable—

(i) the bow visor to be closed;

(ii) the closing arrangements for the bow, stern and side doors, and

(iii) the provision of indicator lights and TV surveillance to show their status on the

navigating bridge;

(c) that any difficulties with the operation of the indicator lights, particularly the switches at

the doors, are ascertained and reported.

(a) S.I. 2015/782, amended by S.I. 2018/68 and S.I. 2019/630.

(b) S.I. 1999/1869, amended by S.I. 2010/680, S.I. 2010/1075, S.I. 2011/1043, S.I. 2019/649 and S.I. 2021/81.

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Safety announcements

5. In relation to safety announcements—

(a) that the form of routine safety announcements and the posting of instructions and

guidance on emergency procedures occurs in the appropriate language or languages;

(b) that the routine safety announcement takes place at the commencement of the voyage and

can be heard in all public spaces, including open decks, to which passengers have access.

Log book entries

6. In relation to log book entries—

(a) that the log book is examined to ensure that the entries are being made regarding—

(i) the closing of the bow, stern and other watertight and weather-tight doors;

(ii) drills for sub-division watertight doors, and

(iii) the testing of steering gears, and abandon ship drills;

(b) that the log book is recording—

(i) draughts, freeboard and stability, and

(ii) the common working language for the crew.

Dangerous goods

7. In relation to dangerous goods—

(a) that any cargo of dangerous or polluting goods is carried out in accordance with the

relevant statutory requirements and, in particular that a declaration concerning dangerous

and polluting goods is provided together with a manifest or stowage plan to show—

(i) their location on board;

(ii) that the carriage of the particular cargo is permitted on passenger ships, and

(iii) that the dangerous and polluting goods are properly marked, labelled, stowed,

secured and segregated;

(b) that vehicles carrying dangerous and polluting goods are properly placarded and secured;

(c) that, when dangerous and polluting goods are carried, a copy of the relevant manifest or

stowage plan is available ashore;

(d) that the master is aware of the notification requirements under the Merchant Shipping

(Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004(a) and of the

instructions on the emergency procedures to be followed and the rendering of first aid

should there be an incident involving the dangerous goods or marine pollutants;

(e) that the means of ventilating the vehicle decks is—

(i) in use at all times;

(ii) is increased when the engines of the vehicles are running,

(iii) and that there is some form of indication on the bridge to show that the vehicle deck

ventilation is in operation.

Securing freight vehicles

8. In relation to securing freight vehicles—

(a) that freight vehicles are secured, for example, whether block stow or individual lashings;

(b) whether sufficient strong points are available;

(a) S.I. 2004/2110, amended by S.1. 2005/1092, S.I. 2008/3145, S.I. 2011/2616, S.I. 2014/3306, S.I. 2018/68, S.I. 2018/1221,

S.I. 2019/42 and S.I. 2020/673.

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(c) the arrangements for securing freight vehicles when adverse weather is experienced or

expected;

(d) the method of securing coaches and motor cycles, if any;

(e) that the ship has a cargo securing manual.

Vehicle decks

9. In relation to vehicle decks—

(a) whether special category and ro-ro cargo spaces are being continuously patrolled or

monitored by a TV surveillance system so that the movement of vehicles in adverse

weather and the unauthorised entry of passengers may be observed;

(b) that fire doors and entrances are kept shut and that notices are posted to keep passengers

off the vehicle decks whilst the ship is at sea.

Closure of watertight doors

10. In relation to the closure of watertight doors—

(a) that the policy laid down in the ship’s operational instructions for the sub-division

watertight doors is being followed;

(b) that the required drills are being carried out;

(c) that the bridge control for the watertight doors is kept, when possible, on ‘local’ control;

(d) that the doors are being kept closed in restricted visibility and any hazardous situation;

(e) that crews are instructed in the correct way to operate the doors and are aware of the

dangers of their misuse.

Fire patrols

11. That an efficient fire patrol is being maintained so that any outbreak of fire may be readily

detected, and—

(a) this includes special category spaces where no fixed fire detection and alarm system is

fitted, and

(b) those spaces may be patrolled as indicated in paragraph 9(a).

Communications in an emergency

12. That there are sufficient crew members in accordance with the muster list to assist

passengers in an emergency and that they are readily identifiable and able to communicate with

the passengers in an emergency, taking into account an appropriate and adequate combination of

any of the following factors—

(a) the language or languages appropriate to the principal nationalities of passengers carried

on a particular route;

(b) the likelihood that an ability to use elementary English vocabulary for basic instructions

can provide a means of communicating with a passenger in need of assistance if the

passenger and crew member do not share a common language;

(c) the possible need to communicate during an emergency by other means (for example, by

demonstration, hand signals, or calling attention to the location of instructions, muster

stations, life-saving devices or evacuation routes when verbal communication is

impractical);

(d) whether complete safety instructions have been provided to passengers in their native

language or languages;

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(e) the languages in which emergency announcements may be broadcast during an

emergency or drill to convey critical guidance to passengers and to facilitate crew

members in assisting passengers.

Common working language between crew members

13. That a working language has been established to ensure effective crew performance in safety

matters and that this working language is recorded in the ship’s logbook.

Safety equipment

14. In relation to safety equipment—

(a) that the life-saving and fire appliances, including the fire doors and other items of the

structural fire protection that can be readily inspected, are being maintained;

(b) that fire control plans are permanently exhibited or booklets containing the equivalent

information are provided for the information of the ship’s officers;

(c) that the stowage of the lifejackets is appropriate and that the stowage of children’s

lifejackets may be readily identified;

(d) that the loading of vehicles does not prevent the operation of the fire controls, emergency

shut-offs, controls for the storm valves, or any other emergency control functions that

may be located on the vehicle decks;

Navigational and radio equipment

15. That the navigational and radio communications equipment, including emergency position-

indicating radio beacons (EPIRBs), are operational.

Supplementary emergency lighting

16. That supplementary emergency lighting is fitted, when required by the relevant statutory

requirements, and that a record of deficiencies is being kept.

Means of escape

17. In relation to means of escape—

(a) that means of escape, including escape routes, are marked, in accordance with the

relevant statutory requirements, and lighted, from both the main and emergency sources

of power;

(b) that measures are taken to keep vehicles clear of escape routes where those escape routes

cross or pass through vehicle decks;

(c) that exits, particularly exits from duty free shops, which have been found to be blocked

by an excess of goods, are kept clear.

Engine room cleanliness

18. That the engine room is maintained in a clean condition in accordance with the maintenance

procedures.

Garbage disposal

19. That the arrangements for the handling and disposal of garbage are satisfactory.

Planned maintenance

20. In relation to planned maintenance—

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(a) that all companies have specific standing orders, with a planned maintenance system, for

all safety related areas including bow and stern doors and side openings, together with

their closing arrangements, but also covering engine room maintenance and safety

equipment;

(b) that there are plans in place for periodically checking all items so as to maintain safety

standards at the highest level;

(c) that there are procedures in place for recording deficiencies and confirming they have

been properly rectified so that the master and the designated person ashore within the

company management structure are aware of the deficiencies and are notified when they

have been rectified within a time specified;

(d) that period checking of the operation of the inner and outer bow door closing

arrangements includes the indicators, surveillance equipment and any scuppers in the

spaces between the bow visor and the inner door and especially the closing mechanisms

and their associated hydraulic systems.

Making a voyage

21. When making a voyage the opportunity should be taken to check overcrowding, including

the availability of seats and the blocking of passageways, stairs and emergency exits by baggage

and by passengers unable to find seats. It is necessary to check that the vehicle deck is vacated by

passengers before the ship sails and that they do not again have access until immediately prior to

docking.

SCHEDULE 4 Regulation 9

Inspection report

The inspection report must contain at least the following items.

1. General

(a) date and place of the inspection;

(b) name of the ship inspected;

(c) flag;

(d) type of ship (as indicated in the Safety Management Certificate);

(e) IMO identification number;

(f) call sign;

(g) tonnage (gt);

(h) deadweight tonnage (where relevant);

(i) year of construction as determined on the basis of the date indicated in the ship’s safety

certificates;

(j) the classification society or classification societies as well as any other organisation,

where relevant, which has/ have issued to this ship the classification certificates, if any;

(k) the recognised organisation and any other party which has issued to this ship certificates

in accordance with the applicable international conventions on behalf of the flag State;

(l) name and address of the ship’s company or the operator;

(m) name and address of the charterer responsible for the selection of the ship and type of

charter in the case of ships carrying liquid or solid cargoes in bulk;

(n) final date of writing the inspection report;

(o) indication that detailed information on an inspection or a detention may be subject to

publication.

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2. Information relating to inspection

(a) certificates issued in application of the relevant international conventions, authority or

organisation that issued the certificate in question, including the date of issue and expiry;

(b) parts or elements of the ship that were inspected (in the case of more detailed or expanded

inspection);

(c) port and date of the last intermediate or annual or renewal survey and the name of the

organisation which carried out the survey;

(d) type of inspection (inspection, more detailed inspection, expanded inspection);

(e) nature of the deficiencies;

(f) measures taken.

3. Additional information in the event of detention

(a) date of detention order;

(b) date of lifting of the prohibition of departure notice;

(c) nature of the deficiencies warranting the prohibition of departure notice (with references

to the international conventions, if relevant);

(d) indication, where relevant, of whether the recognised organisation or any other private

body that carried out the survey has a responsibility in relation to the deficiencies which,

along or in combination, led to detention;

(e) measures taken.

SCHEDULE 5 Regulation 11(2)

Consequential amendments

Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000

1. In regulation 7B(2)(b) of the Merchant Shipping (Passenger Ships on Domestic Voyages)

Regulations 2000(a), for “the Merchant Shipping (Mandatory Surveys for Ro-Ro Ferry and High

Speed Passenger Craft) Regulations 2001” substitute “the Merchant Shipping (Inspections of Ro-

Ro Passenger Ship and High-Speed Passenger Craft) Regulations 2021(b)”.

Merchant Shipping (Updating of References to Maritime Conventions) Regulations 2004

2. In the Merchant Shipping (Updating of References to Maritime Conventions) Regulations

2004(c), omit regulation 7.

Merchant Shipping (Ro-Ro Passenger Ships) (Stability) Regulations 2004

3. In regulation 7(2)(b) of the Merchant Shipping (Ro-Ro Passenger Ships) (Stability)

Regulations 2004(d), for “the Merchant Shipping (Mandatory Surveys for Ro-Ro Ferry and High

Speed Passenger Craft) Regulations 2001” substitute “the Merchant Shipping (Inspections of Ro-

Ro Passenger Ship and High-Speed Passenger Craft) Regulations 2021”.

Merchant Shipping (Fees) Regulations 2018

4. In Schedule 1, Part 1 of the Merchant Shipping (Fees) Regulations 2018(e)—

(a) S.I. 2000/2687. Regulation 7B was inserted by S.I. 2004/2883. There are other amendments but none is relevant. (b) S.I. 2021/XXXX.

(c) S.I. 2004/1266. (d) S.I. 2004/2884.

(e) S.I. 2018/1104. There are amendments but none is relevant.

18

(a) in paragraph 2(1)(f), for “prevention of operation notice in accordance with regulation 9

of the Merchant Shipping (Mandatory Surveys for Ro-Ro Ferry and High Speed

Passenger Craft) Regulations 2001” substitute “prohibition of departure notice in

accordance with regulation 8 of the Merchant Shipping (Inspections of Ro-Ro Passenger

Ship and High-Speed Passenger Craft) Regulations 2021”;

(b) in the table in paragraph 5, in Section L (survey and certification), in the entry for “the

Merchant Shipping (Mandatory Surveys for Ro-Ro Ferry and High Speed Passenger

Craft) Regulations 2001”—

(i) in the first column, for “The Merchant Shipping (Mandatory Surveys for Ro-Ro

Passenger Ship and High Speed Passenger Craft) Regulations 2001” substitute “The

Merchant Shipping (Inspections of Ro-Ro Passenger Ship and High-Speed Passenger

Craft) Regulations 2021”;

(ii) in the second column, for “2001/152” substitute “2021/XXXX”;

(iii) in the third column, omit “2004/1266”.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke and replace the Merchant Shipping (Mandatory Surveys for Ro-Ro

Ferry and High Speed Passenger Craft) Regulations 2001 (S.I. 2001/152).

These Regulations apply to ro-ro passenger ships and high-speed passenger craft operating a

regular service between a port in the UK and a port of a third country and to those on domestic

voyages in sea areas in which ships of class A may operate in accordance with the Merchant

Shipping (Passenger Ships on Domestic Voyages) Regulations 2000 (S.I. 2000/2687) (regulation

3). The requirements for pre-commencement inspections and regular inspections are set out in

regulations 5 and 7 respectively). Regulation 6 provides for exceptions to the requirement to carry

out a pre-commencement inspection.

Regulation 8 makes provision for detention of ships and service of prohibition of departure notices

prohibiting a ship’s departure where any deficiencies confirmed or revealed by an inspection in

relation to the ship have not been rectified and the deficiencies are hazardous to health and safety.

All future amendments to the provisions of the international conventions referenced in regulation

2 will be automatically incorporated into the regulation by way of ambulatory reference.

Regulation 9 requires the drawing up of inspection reports and for the report to be given to the

ship’s master and the company.

The costs of service of prohibition of departure notices are provided for in regulation 10.

Regulation 12 requires the Secretary of State to review the operation and effect of these

Regulations and publish a report before XXX XXX and at intervals not exceeding five years after

that. Following a review, it will fall to the Secretary of State to consider whether the Regulations

should remain as they are, or be amended or revoked. A further instrument would be needed to

amend or revoke the Regulations.

Schedule 5 makes consequential amendments.

Marine Guidance Note (MGN) 610 (M+F), which is referred to in the Regulations, provides

guidance on the requirements imposed by Chapter V of the International Convention for the

Safety of Life at Sea, 1974. The MGN is available on www.gov.uk/topic/ships-cargoes/m-notices

and in hard copy from the Maritime and Coastguard Agency (MCA) of Spring Place, 105

Commercial Road, Southampton SO15 1EG.

The international conventions and protocols referred to in this instrument may be obtained in copy

from the International Maritime Organization (“IMO”), 4 Albert Embankment, London SE1 7SR

and are available on the Foreign and Commonwealth Office (FCO) treaties database

(https://treaties.fco.gov.uk/responsive/app/consolidatedSearch/). The text of the IMO Resolutions

amending the conventions and protocols may be obtained from the IMO or can be found on the

19

FCO treaties database (https://treaties.fco.gov.uk/responsive/app/consolidatedSearch/). The Paris

Memorandum of Understanding may be obtained in copy from the Secretariat Paris MOU on PSC,

P.O. Box 16191, 2500 BC The Hague, The Netherlands, or can be found on https://www.paris

mou/org/inspections-risk/port-state-control-inspections-paris-mou.

Future amendments to the conventions and the protocols may be obtained in copy from the IMO

and after coming into force in the United Kingdom, found on the FCO treaties database

(https://treaties.fco.gov.uk/responsive/app/consolidatedSearch/). Until such publication is made on

the FCO treaties database, an amendment will be available from the MCA and on

https://www.gov.uk. An amendment will be publicised in advance of its in-force date by means of

a Parliamentary Statement to both Houses of Parliament and by way of a Marine Guidance Note,

which will be available in copy from the MCA and on https://www.gov.uk.

An impact assessment has not been produced for this instrument as no, or no significant, impact

on the private, voluntary or public sector is foreseen. The Explanatory Memorandum is published

alongside this instrument on www.legislation.gov.uk.